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Audit # A-89616 Cloud & Albert 12 inch Water Main Railroad Agreementi SUPPAGRDOC 900101 Form Approved, AVP -Law SUPPLEMENTAL AGREEMENT Audit No.: A-89616 Folder No.: 77-54 THIS SUPPLEMENTAL AGREEMENT is made as of thegj* day of , 1992, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the Licensor) and CITY OF SALINA, a municipality with a mailing address at 300 West Ash Street, P. O. Box 736, Salina, Kansas 67402-0736 (hereinafter the Licensee). RECITALS: By instrtunent dated June 24, 1963, the parties hereto or their predecessors in interest (if any), entered into an agreement (herein the 'Basic Agreement") identified as Audit No. A-89616, covering water pipeline encroachment located at or near Salina, Saline County, Kansas. The parties now desire to modify the Basic Agreement by the following.addition of print AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1 - ADDITION OF PRINT The print dated October 23, 1998, attached hereto as Exhibit B, shall be and hereby is in addition to the print dated April 5, 1963 attached to the Basic Agreement, and from and after the effective date herein whenever the term pipeline encroachment is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to include theaddition to the pipeline encroachment as shown on Exhibits B, hereto attached. SECTION 2 - ADMINISTRATIVE HANDLING CHARGE Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the Licensor an administrative handling charge of FIVE HUNDRED DOLLARS ($500.00). SECTION 3 - EFFECTIVE DATE This Supplemental Agreement shall be effective as of October 24, 1998. SECCION 4 - AGREEMENT SUPT LEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. 77-54.sup Page I of 2 October 24, 1998 J SUPPAGRDOC 900101 Form Approved, AVP -Law Audit No.: A-89616 Folder No.: 77-54 IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year.first hereinabove written. WITNESS: 77-54.sup UNION PACIFIC RAILROAD COMPANY By: (/ / .lkka CONTRVT R RESENTATIVE CITY OF SALINA X Title: Page 2 of 2 October 24, 1998 L�• I I I I I I I I 1 I I I I I I ---- R�W —j III I I CLOUD - I I l i SMEET ?.t. jfy N R/W I �I� I I I I I I North line of I I I Sec 25, Tl 4S, I I I RJW, 6th PM I 100' i NOTE: BEFORE YOU BEGIN ANY WORK, I I I ( SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. I I EXHIBIT "B" I JIUNION PACIFIC RAILROAD ZZ I I COMPANY I 1 MP 3.27 - E.S. 155+85 I I I Salina Subdivision 4-- 4 near Salina, Saline County, Kansas III 3 To accompany supplemental agreement with the V CITY OF SALINA covering proposed installation of 6 -inch ductile iron pipe to existing 12 -inch water main 1 " = 100' I I I REAL ESTATE DEPARTMENT OMAHA, NE. SIA I FILE: 77-54 DATE: 10/23/98 I I � I I k 1 j 1 Proposed 6" D.l. I III I Pipeline, Bury I 1 Dep th = 5' 1 12" x 6" Tapping I I �-118, Sleeve & Valve I I I I I I I H. UNION PACIFIC RAILROAD COMPANY Real Estate Department R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties 1800 Farnam Street J. P. Gade Omaha, Nebraska 68102 Director -Facility Management Fax: (402) 997-3601 Nova 9 20 Folder No. 00077-54 DONALD E. HOFF DEPARTMENT OF UTILITIES CITY OF SALINA PO BOX 736 SALINA, KS 67402-0736 Dear Mr. Hoff - J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate T. K. Love Director -Real Estate Re: Supplemental Agreement for License Audit No. A089616 covering a 12 -inch water pipeline encroachment on Railroad property between Mile Post 2.00 and 4.00 on the Sharon Springs Subdivision at or near Salina, Saline County, Kansas Attached is your copy of the fully -executed original of the above -referenced Supplemental Agreement. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company at 1-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should thoroughly review the terms and conditions of this Lease. In compliance with the Internal Revenue Service's policy regarding its Form 1099, this is to advise you that 94-6001323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we are doing business as a corporation. Sincerely yours, Avec A_ # Bill Ince Contracts Representative (402) 997-3642 SUPPAGR.DOC 980220 Form Approved, AVP -Law SUPPLEMENTAL AGREEMENT Folder No: 00077-54 Audit No: A89616 THIS SUPPLEMENTAL AGREEMENT is made as of the �( day of &&E& ED 2000, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and SALINA, CITY OF, a Kansas municipal corporation, with a mailing address at City Clerk, 300 West Ash Street, Po Box 736, Salina, Kansas 67402-0736 (hereinafter the "Licensee'). RECITALS: By instrument dated June 24, 1963, the parties hereto, or their predecessors in interest (if any), entered into an agreement (herein the "Basic Agreement"), identified as Audit No. A089616, covering a 12 -inch water pipeline encroachment on Railroad property between Mile Post 2.00 and 4.00 on the Sharon Springs Subdivision at or near Salina, Saline County, Kansas. The parties now desire to modify the Basic Agreement by connecting. a 6 -inch pipeline and tee to the original 12 -inch pipeline so that water may be diverted to serve an additional fire hydrant. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1 - INDEFINITE EXTENSION OF BASIC AGREEMENT Effective August 28, 2000, the Basic Agreement is hereby indefinitely extended and shall continue in full force and effect until terminated as provided in the Basic Agreement. SECTION 2 - ADMINISTRATIVE HANDLING CHARGE Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the Licensor an administrative handling charge of FIVE HUNDRED DOLLARS ($500.00). SECTION 3 - SPECIAL PROVISIONS None SECTION 4 - EFFECTIVE DATE This Supplemental Agreement shall be effective as of August 28, 2000. SECTION 5 - AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written. UNION PACIF IC RAILROAD COMPANY By. Contracts Representative SALINA, CITY OF XJ'u,i t Title vA,� ®I I I -- RIW-- CLOUDSTREET -- - R/W 100 I North Line of Sec 25, TI 4S RJW, 6th PM 18' o �I 12 x 6 Tapping I I I Fire Hydran t Sleeve & Valve SII dj II I � I I I I I I I I �=T I Proposed 6" D.I. Pipeline; Bury I I I Dep th = 5' i I®IIS 1 " = 100' I N I ~� BIW I II = I